Author: 27894780

In handling estates, you don’t get to do your own thing or what you thought the decedent wanted you to do with his or her assets. Sometimes folks think doing things themselves is cheaper and less expensive than hiring an attorney. Of course, doing what you want will likely get you removed as an executor for an estate. As an attorney, I am responsible for identifying all estate assets to ensure that all obligations are satisfied before any distributions occur. We have to figure out where the assets of the estate are and what liabilities and bills need to be paid from those assets. Then, my role is to ensure assets are distributed correctly according to the heirs’ interests and that each recipient signs a receipt or provides proof of payment for court filing. This all has to be done under the court’s supervision and approval. The Administrator of the estate doesn’t get to do whatever he or she wants to do, nor does the Attorney or the Courts. Everyone has to follow the procedure set out by the legal statute to ensure the that the interests of the parties, whether they be creditors, debtors, or heirs of the estate, are protected. 

The court requires attorneys to represent administrators to ensure all legal procedures are strictly followed. When distributions are managed without legal oversight, assets are often not properly accounted for, which can lead to significant legal complications. The court will not discharge you as the administrator, or me as your attorney, until these requirements are met. Trying to do anything else is certainly more expensive and will lead to more court hearings. The court’s job is to scrutinize the documents we file to ensure this occurs.

In my experience, complications often arise when individuals follow their own judgment rather than the specific requirements of the will or legal statute. My goal is to prevent these issues and ensure the estate is settled correctly.

Emotional manipulation—specifically when someone fabricates grievances to exert power—is a tactic used to enforce compliance and maintain control. This creates an exhausting dynamic where the target constantly walks on eggshells, questions their own perception of reality, and feels unfairly responsible for the manipulator’s emotional state.
Recognize the Tactics:

• Fabricating Faults and Grievances: The manipulator creates artificial issues or distorts past events—often through gaslighting—to ensure they always have a “chip” to use against you.
• Shifting Blame: When you raise a legitimate concern, they invert the narrative, positioning you as the transgressor who must apologize.
• Mischaracterizing Communication: They may claim you do not listen, when in fact you are listening—you are simply choosing not to comply with their demands.
• Imposing Unstated Expectations: They create, and subsequently demand adherence to, unspoken expectations (entitlements) that were never established or communicated.

Ultimately, this cycle of control is driven by the manipulator’s self-interest rather than a genuine concern for the relationship. When individuals are coerced into actions that contradict their own values or comfort, the manipulator often distances themselves when consequences arise, leaving the victim to shoulder the burden.

As attorneys, we frequently encounter situations where clients feel trapped by such dynamics, unable to resolve disputes due to a counterparty’s history of control and evasion. We are often retained to secure a legal remedy, holding these individuals accountable for the adverse outcomes caused by their selfishness, control, and greed. Because manipulators refuse to accept responsibility for their actions, legal intervention becomes the necessary path to ensure they face the consequences of their behavior.

Reed Martz will be presenting at National Business Institute’s upcoming course, “AI for Mississippi Lawyers: The Ultimate Guide” on Thursday, July 30, 2026 on the following topics:

Smart Tips for Drafting Contracts and Legal Documents With AI

1. Tapping AI to Draft or Review Contracts
2. Drafting and Reviewing Pleadings, Motions, and Other Litigation Documents
3. Best Practices in Maintaining Attorney Voice
4. Version Control and Auditability

Staying Organized and On Track With AI

1. Meeting Notes, Action Items, and Follow-Ups
2. AI-Assisted Client Status Updates and Communications
3. Matter Timelines, Checklists, and Deadline Tracking
4. Task Prioritization and Workload Management
5. Workflow Coordination, Handoffs, and Status Reporting

Register here: https://nbi-sems.com/products/102018

Use promo code RSVPNBI at checkout to save $50!

Unlike the 60s and 70s TV show of Perry Mason, those who steal, exploit, and take advantage never confess or admit that they were wrong. Greed is insatiable, which is why often the greedy people get caught by taking too much. The cost of their greed is born by their victims, who often come to our law firm for help. Whether to pursue them in court often depends on whether there is anything left to recover.  The greedy exploiter who takes advantage of his or her “friend” or family member when confronted often refuses to listen, which is why they go through multiple attorneys and ultimately have to be taken to court. Then, they refuse to listen to the judges. Once their actions are exposed, they reveal who they truly are through rationalizations that attempt to justify their behavior. The exploiter ends up just lying to himself or herself, destroying relationships in the process. Initially, whenever we face these circumstances, we offer folks an opportunity to do right. With the selfish folks who never consider how their actions affect others, we are left no choice but to go to court and have them face the consequences of their actions. 

We have handled several cases involving family members who either shared or kept secret their estate plans. Often, heirs ask: “Why did they tell me something different than what they told another relative or child?”

The blunt truth is that they may have wanted to stop someone from trying to dictate how their estate plan should be carried out. Occasionally, we see decedents give conflicting accounts to different family members as a self-protection tactic—employing avoidance to escape discomfort, pressure, or undue influence.

Unfortunately, when a decedent says one thing but leaves a different undisclosed plan, it often leads to will contests or expensive litigation from disgruntled heirs. Fortunately, in our experience, these cases usually result in the decedent’s actual written plan being upheld.

We also see clients attempt to contradict the terms of a will or trust by suggesting the decedent “wanted something else.” I have to remind them that, as the estate attorney or executor, we are bound to follow the specific terms of the executed document. Any effort to deviate from those terms could result in the executor or attorney being removed by the court. A document may only be set aside if it can be proven that it does not reflect the decedent’s true intent.

Those who attempt to manipulate a decedent often fail due to legal presumptions regarding undue influence. My advice? Even if asked, don’t get too involved in the planning process of a loved one. Instead, suggest they see a competent estate attorney to assist them. It will save a significant amount of anxiety, legal fees, and family relationships.

Sure, families can have conflicts, but these may stem from issues with control, capacity, a lack of empathy, or a refusal to truly listen and understand.

As we age, we naturally lose some of our judgment. Out of fear and confusion, some aging individuals stubbornly attempt to hold on to their control. On the other side of the equation, loved ones sometimes want to take over control, struggling to empathize with an elderly parent who knows they are losing capacity but has a difficult time asking for help. Ultimately, a parent who lacks capacity and refuses help may become subject to a conservatorship, losing the very control they stubbornly tried to retain.

Occasionally, greedy individuals attempt to control and isolate an elderly person by suggesting to them that the loved ones who truly care are only after their money. In those instances, a conservatorship is absolutely necessary.

Ultimately, when folks care, listen, and try to understand one another, problems get solved and legal fees lessen.

Our firm handled a challenging case involving clients who believed a vulnerable loved one had been manipulated into transferring assets. Before seeking our counsel, they were advised by other attorneys that nothing could be done to recover assets where a beneficiary had been designated years prior to the individual’s death.

The core issue was whether the elderly individual possessed the capacity to understand his actions at the time the beneficiary was named. Following a thorough investigation, we filed a formal complaint demanding accountability.

Preparing for trial required retaining expert witnesses, taking depositions, and navigating complex legal maneuvers intended to prevent the case from being heard. The court denied those opposing efforts, allowing us to proceed and ultimately recover the decedent’s assets that had been taken under questionable circumstances. Most importantly, we achieved both financial recovery and closure for our clients.

Freeland Martz PLLC successfully resolved a case of elder financial exploitation in the Chancery Court on behalf of our client, an 83-year-old Mississippi resident.

The Case

– Client’s Vulnerability: Suffering from advanced Parkinson’s disease and hallucinations, our client required 24/7 care and was incapable of managing his finances.

– Allegations: A caregiver allegedly exploited the client through unauthorized withdrawals and used his credit card for personal travel. The caregiver also attempted to convince him to transfer his real estate to her.

Legal Strategy

Freeland Martz, PLLC established a conservatorship to protect the client from further exploitation. We filed a complaint for recovery and utilized a lis pendens to secure his real estate assets.

Resolution

Following discovery and negotiation, a court-approved settlement was reached in January 2026. As a result, the exploiter agreed to pay $15,000 to the conservatorship for the client’s benefit, securing essential funds for his ongoing care.

This case underscores our commitment to protecting the most vulnerable from financial exploitation. If you suspect a loved one is at risk, Freeland Martz, PLLC can help navigate the Mississippi Chancery Court system.

We recently concluded a complex inheritance recovery case for a client who had been estranged from her brother and was experiencing homelessness.

The client was brought to us by a friend who believed her brother was using the parents’ estate as his personal piggy bank. The brother had falsely reported to a financial institution that he did not know his sister’s whereabouts, despite knowing she was living only 44 miles away, and he was attempting to close the estate quickly so that he would avoid accounting to the court his self-dealing. 

Our firm was successful in stopping the rapid closure of the estate and immediately began subpoenaing financial institutions for an accounting of the assets. Following an independent audit, the executor (the client’s brother) was removed. We were able to negotiate a settlement, thereby avoiding lengthy litigation, which requires the brother to return the misused accounts to the estate and ensures the client receives an equal share of their parents’ assets, as originally intended.

When using AI, it’s crucial to remember that it doesn’t understand your specific circumstances or the nuances of your case. Just as our parents encouraged us to “look it up” rather than guess, attorneys must verify information and not rely solely on AI-generated content.

In recent times, some lawyers have become overly reliant on AI, citing non-existent cases and fabricated laws. This has led to attorneys misrepresenting applicable law in court, causing frustration for judges. State and federal courts in Mississippi, Tennessee, and Alabama have recently reprimanded attorneys for this exact issue.

While AI can be a useful tool, it can also lead to inaccuracies and misinformation. We strongly suggest hiring an attorney who is both honest with you and the courts, and diligent in backing up their statements with thoroughly researched information. This approach will ultimately save you both time and money.